Listed buildings

What is a listed building?

A listed building is a building which is protected by law under the Planning (Listed Buildings and Conservation Areas) Act 1990 because of its historic and architectural interest. There are three categories of listed buildings in England:

Grade I (buildings of exceptional, national interest: 25 in the district, including St Briavels Castle, Flaxley Abbey, Severn Bridge and 22 churches)
Grade II* (buildings of outstanding interest: 66 in the district)
Grade II (buildings of special interest: 1,394 in the district)

In the Forest of Dean, there are 25 Grade I listed buildings, 66 Grade II* listed buildings and 1,394 Grade II listed buildings.

To find out whether a building or structure is listed, you can visit either Historic England’s Search the List or the Council’s Heritage Map.

When a building or structure is designated, this covers the entirety of the building or structure (internal, external, and may cover objects fixed to it, as well as curtilage listed buildings or structures), unless the list description states otherwise.

It is important to note that listed descriptions are written for identification purposes and therefore are unlikely to describe all aspects of special interest.

Implications of listed building status

Under Section 7(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, restrictions are placed on certain works to a listed building. This means that alterations, extensions and demolitions which affect the character of the building will require listed building consent. This also means that listed buildings do not benefit from permitted development rights, and there are restrictions to permitted development within the curtilage of a listed building.

It is important to note that the restrictions set out in Section 7(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 apply to all areas of the listed building (internal and external), including those which are not visible from public vantage points.

For further guidance about owning a listed building, please visit the following guidance pages:

Historic England – A Guide for Owners of Listed Buildings

PDF Icon Application for listed building consent for alterations, extension or demolition of a listed building - pdf - 282 Kb

Listed building consent

Listed building consent is required for works (internal and external) which will affect the character of the listed building. This is only for works which affect the listed building physically, for example alterations to a wall or fixing signage to a listed building.

Repair or maintenance works to a listed building do not generally require listed building consent. However, this is a matter of fact and degree; where extensive repairs are required, then listed building consent may be required.

If you are unsure whether listed building consent may be required, then you should use the Council’s pre-application advice service. Through this service, the Council will be able to advise whether listed building consent will be required and the likelihood of whether the works would be considered acceptable.

When submitting an application for listed building consent, there are a number of documents which will be required for the application to be validated. To find out what information will be needed for you application to be validated, please consult the Council’s Validation Checklist. As part of the listed building consent application, you will need to also:

1. Show that the impact of the proposals on the significance of the listed building has been carefully considered and assessed.
2. That the proposal has been designed to minimise the harm to the building’s significance and (where relevant) the character and appearance of the conservation area.
3. If any harm arises from the proposal, then it is justified by public benefits of the proposal.

With all applications for listed building consent, it will be essential to submit a heritage statement (also known as a statement of heritage significance). This needs to contain enough information about the listed building for the Council to be able to assess the impact of the proposals on the special architectural and historic interest of the building.

However, it should also be proportionate to significance of the building and the scale of the proposal. For example, a Grade I listed building will require a more detailed heritage statement than a Grade II listed building, because of its greater level of significance. Similarly, the demolition of an extension will require a greater level of assessment than the replacement of a modern window.

For more information of heritage statements, please see Historic England’s Statements of Heritage Significance guide and their advice on Assessing Significance.

The Council also has a template at the end of this page which can be downloaded and filled in. There is no requirement for this to be carried out by a heritage professional, but it is advisable for more complex applications a heritage consultant is employed to do this for you.

Heritage Statement Template - docx - 172 Kb

How is a listed building consent application determined?

When the Council (specifically the Local Planning Authority) is determining an application for listed building consent, they must do so in line with Section 16(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990. This requires the Local Planning Authority to have ‘special regard for the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.’

The Local Planning Authority must also take into account the objectives of Chapter 16 of the National Planning Policy Framework. These emphasise that heritage assets, which include listed buildings, are an irreplaceable resource which should be conserved in a manner which is appropriate to their significance.

The National Planning Policy Framework states that an applicant, in any application affecting the significance of a heritage asset must describe the significance of that asset to a level which is sufficient to understand the potential impact of the proposal on the significance of the asset. The National Planning Policy Framework states that if the Local Planning Authority should seek to avoid harm to a designated heritage asset or minimise any harm identified.

However, if harm is identified, it will be necessary for the Local Planning Authority to give great weight to the conservation of the heritage asset and the applicant will need to provide clear and convincing justification for the proposal. If the harm cannot be avoided or suitably mitigated, then the Local Planning Authority will have to weigh the harm against the public benefits of the proposal; public benefits are the public at large.

Unauthorised works to a listed building

Section 7(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 places restrictions on the works which can be carried out to listed buildings. This means that works which affect the character of the building will require listed building consent. This can include (although not limited to) replacement windows/doors, removal of cement render, replacement roof, extensions.

To carry out works to a listed building which would require listed building consent, but have not received this consent, is a criminal offense and liable to prosecution. Therefore, the Council take this matter seriously and the matter will be investigated by a Planning Enforcement Officer with the input of the Council’s Conservation Officer and the steps for remedial action will be advised to the owner.

If you are concerned that works may have been undertaken to a listed building without the benefit of listed building consent, then this should be reported to the Council through the report breach of planning regulations page.

If you own a listed building and you are concerned that you may have carried out works to a listed building which would have required listed building consent. Then you should either use the Council’s pre-application advice service or contact the Conservation Officer via [email protected]. Through this, you will be advised whether there has been a breach of planning control and the next steps to resolve the issue if necessary.

It is important to be aware that there are no time limits on when enforcement action can be taken on works which harm the special architectural and historic interest of a listed building. It is also important to be aware that the owner of the building (whether they undertook the work or not) will be expected to remedy any unauthorised works to a listed building.